IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)

THANE AT THANE

S.C.C. No. ________ of 2020

M/S. PRATIK ENTERPRISES )

THROUGH IT’S PROP. AMBALAL J. SHAH )

having office at – B – 208, Leena Apartment )

60 feet Road, Bhayander (west) )

Dist. Thane ) …
Complainant

Versus

BUILD-TECH ENTERPRISES )

(THROUGH IT’S PROP. LAXMI M. SHAH) )

having address at – C.S.T 469/A, )

Opp. Jain Mandir, Near Chembur Monorail, )

Chembur, Mumbai – 400 071 ) … Accused

Complainant U/s. 138 r/w section

141 & 142 of the Negotiable
Instruments Act,1881

MAY IT PLEASE YOUR HONOUR:-

 It is most respectfully submitted by the abovenamed
complainant as under -

1) The Complainant states that The Complainant is A

Proprietorship Firm and engaged in business of supplying
building raw materials including Metal, Crush Sand etc. and
having it’s office at B – 208, Leena Apartment, 60 feet Road,
Bhayander (west). That Mr. Ambalal J. Shah is a Proprietor of
the said Firm. The Complainant states that The Accused is A
Proprietorship firm and One Laxmi M. Shah is a Proprietor of
BUILD-TECH ENTERPRISES.
2) The Complainant states that there is a business relationship
between The Complainant and The Accused since last few
years. Therefore, As per order placed by The Accused and
upon request made by it to send goods on credit basis, The
Complainant supplies goods on credit basis to the Accused
with condition to make within period of 60 days.
 The Complainant states that since 20.03.2017 and thereafter
time to time till 30.03.2017, as per order placed by The
Accused with Order No. 021/16-17 dated 20.03.2017 and as
per requirement of the accused, The Complainant time to time
between period of 20.03.2017 to 30.03.2017 supplied to The
Accused a goods i.e. Crush Sand (BRS) worth of Rs.
2,55,244/- (Rupees Two Lacs Fifty-Five Thousand Two
hundred and forty-four only) including 6% vat charges.
3) The Complainant states that against the supply of the
abovesaid goods to The Accused, The Complainant raised A
Tax Invoice bearing No. 16-17/099 dated 31.03.2017. The
Complainant further states that he supplied goods to the
 accused through Truck and upon request made by the
accused, delivered the same at it’s site at Build-Tech
(Chembur Plant), Chembur Mond Rail Station Column No.
17, Opp. Jain Mandir, Mumbai 400 071 and upon receiving
of the goods the employee of the Accused signed delivery
challans and acknowledged about receiving of goods and
returned duplicate challans to the Complainant. The said Tax
Invoice No. 16-17/099 dated 31.03.2017 contains all details
about the date, Challan No. description of the goods, Truck
No., Trip, Quantity, Rate and Amount. As all the details have
already been mentioned in the said Tax Invoice, the copy of
which is annexed herewith. Therefore the Complainant avoids
reiterating and repeating about the said details herein.
4) The Complainant stats that after said transaction, Upon expiry
of 60 days period of time, The Complainant made regular
follow-up with The Accused and requested The Accused to
make payment outstanding amount of Rs. 2,55,244/-
(Rupees Two Lacs Fifty-Five Thousand Two hundred and
forty-four only). However, whenever The Complainant
requested to The Accused, The Accused made false
assurances and promises to The Complainant but failed to
make payment.
5) Thereafter, The Complainant visited the accused’s office and
requested it’s Prop. Laxmi. M. Shah personally as well as on
phone to pay the outstanding amount. Upon several request
made to The Accused by The Complainant, finally towards
payment The Accused issued following cheques to The
Complainant. The details of the said cheques are given below
–
 a) Cheque bearing no. 000 431 dated 30.11.2019
amounting of Rs. 2,55,044/- drawn on Equitas Bank
(Chembur Branch).
6) The Accused issued said cheque towards discharge of legally
enforceable liability towards The Complainant. However, The
Accused issued cheque amounting of Rs. 2,55,044/- instead
of Rs. 2,55,244/- but The Complainant accepted the same.
The Complainant further states that, while issuing the said
cheque to The Complainant, The Accused have promised and
assured to The Complainant that, it will be honored on
presentation of the same to the bank.
7) The Complainant states that, after issuance of said cheque,
The Accused requested The Complainant to wait for few days
and thereafter deposit it. Thereafter, as per instruction given
by The Accused, The Complainant deposited the above said
cheque with his bank i.e. IDBI Bank Ltd., Bhayander
Branch. However, The Complainant states that, he was
shocked and surprised to get intimation from his bank vide.
Return memo dated 04.02.2020, that abovesaid cheque has
been dishonored for reason “Funds Insufficient”. The
Complainant states that thereafter The Complainant
approached The Accused and requested The Accused
personally as well as on phone to pay the outstanding amount
but The Accused indulges only in giving false promises of
making payments. The Complainant repeatedly brought to the
notice of the accused that non-payment of the outstanding
payment is causing lot of hardship and financial loss to The
Complainant but The Accused delayed the payment on one
pretext or the other for the reasons best known to The
 Accused. Now, it appears and proves beyond reasonable
doubt that The Accused is determined to defraud The
Complainant.
8) Therefore, The Complainant has left with no other alternative
but to send this notice of demand under the statutory
provisions of section 138 of Negotiable Instruments Act, 1881
as amended through his lawyer issued a legal notice dated
12.02.2020 U/s. 138 N. I. Act, 1881 to the Accused and called
upon to make the payment to The Complainant of the said
amount of Rs. 2,55,044/- (Rupees Two Lacs Fifty-Five
Thousand and forty-four only) and difference amount of Rs.
200/- (Rupees Two hundred Only) Therefore, totaling of Rs.
2,55,244/- (Rupees Two Lacs Fifty-Five Thousand Two
hundred and forty-four only) towards outstanding payment of
goods supplied to you within 15 days from the receipt of this
notice. The said legal notice was send to the accused via post
on 24.02.2020. The said notice was duly served upon the
Accused on 25.02.2020. However, in spite of receiving of the
said notice, the Accused neither gave reply of the said notice
not made payment of outstanding amount of Rs. 2,55,244/-
(Rupees Two Lacs Fifty-Five Thousand Two hundred and
forty-four only).
9) The Complainant states that till date the accused has not
fulfilled his legally enforceable liability towards the
complainant and deliberately avoided to make payment to the
complainant. The Complainant therefore states that the
Accused abovenamed have thereby committed an offence
U/s. 138 r/w section 141 and 141 of the Negotiable
Instruments Act, 1881.
10) The complainant states that the said cheque was
dishonoured with remark “Funds Insufficient” on 04.02.2020.
The said legal Notice dt. 12.02.2020 was dispatched on
24.02.2020 by Post. The said notice was duly served upon
the Accused on 25.02.2020. But, within the period of 15 days,
the Accused neither gave reply of the said notice not made
payment of said dishonored cheque amount of Rs. 2,55,044/-
(Rupees Two Lacs Fifty-Five Thousand and forty-four
only) and difference amount of Rs. 200/- (Rupees Two
hundred Only) Therefore, totaling of Rs. 2,55,244/-
(Rupees Two Lacs Fifty-Five Thousand Two hundred and
forty-four only). Moreover, Till date of filing of the Present
Complaint, the accused has failed to make payment of
amount of abovesaid dishonored cheque. Therefore, the
present Complainant is filed by the complainant within
limitation period.
11) The Complainant states that this Hon’ble court has
jurisdiction to try and entertain this Complainant since the
disputed cheque was deposited in the Complainant’s bank
namely, IDBI bank, Bhayander (West) Branch which is
within the jurisdiction of this Hon’ble court, therefore this
Hon’ble court has jurisdiction to try and entertain this
Complainant.
12) The Complainant craves leave to produce other
relevant documents at the time of evidence with the
permission of this Hon’ble Court.
13) The Complainant states that the Complainant wants to
examine following witnesses –
a) The Complainant himself
 b) Any other witness with permission of the court.
14) The complainant has paid court fees of Rs. 5,200/-.
15) That the complainant, therefore, prays that –
(a) That process be issued against the Accused above-
named for the offence U/s. 138 of N.I. Act, 1881 r/w
section 141 and 142 of N.I. Act, 1881;
(b) That the Accused above-named be tried and
convicted according to law;
(c) The Accused be directed to pay double of the said
dishonored cheque amount i.e. Rs. 2,55,044/-
(Rupees Two Lacs Fifty-Five Thousand Two
hundred and forty-four only) to the Complainant.
(d) The Accused be directed to pay difference amount
of Rs. 200/- to the Complainant.
(e) Pending the hearing and the final disposal of the
Complainant, the Accused be directed to pay 20% of
the cheque amount to the complainant
(f) Any other orders in the interest of justice be kindly
passed;

Place – Thane
Date –16.03.2020
Complainant

Adv. For Complainant

VERIFICATION STATEMENT

I, Ambalal J. Shah, A Proprietor of M/s. Pratik Enterprises

having office at – B – 208, Leena Apartment, 60 feet Road,
Bhayander (west), Thane, 401 101 do hereby state the facts on
solemn affirmation that what is stated in the above foregoing
paragraphs is true and correct to the best of my knowledge and I
believe it to be true.

Solemnly affirmed at Thane )

Date - 16th March 2020 )

Identified by me, Complainant

Adv. For Complainant

IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)

THANE AT THANE

S.C.C. No. ________ of 2020

M/S. PRATIK ENTERPRISES )

THROUGH IT’S PROP. AMBALAL J. SHAH ) …

Complainant

Versus

BUILD-TECH ENTERPRISES )

(THROUGH IT’S PROP. LAXMI M. SHAH) ) … Accused

AFFIDAVIT IN SUPPORT

I, Ambalal J. Shah, A Proprietor of M/s. Pratik Enterprises

having office at – B – 208, Leena Apartment, 60 feet Road,
Bhayander (west), Thane, 401 101 do hereby state the facts on
solemn affirmation that -

1. I state that I have filed present complaint against the

abovenamed accused for offence committed u/s. 138 of
Negotiable Instrument Act.
2. I state that I adopt the contents of my complaint to avoid
reiteration and repetition and the contents of the said
complaint shall be read as contents of the said affidavit.
3. I state that I have read the contents of the complaint as well
as this affidavit and understood and signed the same.
4. I state that whatever I have stated hereinabove is true and
correct as per best of my knowledge and belief
Solemnly affirm and declare at Thane on ___ day of February
2020.
Thane
 Date – 16.03.2020 Complainant

VERIFICATION STATEMENT

I, Ambalal J. Shah, A Proprietor of M/s. Pratik Enterprises

having office at – B – 208, Leena Apartment, 60 feet Road,
Bhayander (west), Thane, 401 101 do hereby state the facts on
solemn affirmation that what is stated in the above foregoing
paragraphs is true and correct to the best of my knowledge and I
believe it to be true.

Solemnly affirmed at Thane )

Date - 16th March 2020 )

Identified by me, Complainant

Adv. For Complainant

 IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)

THANE AT THANE

S.C.C. No. ________ of 2020

M/S. PRATIK ENTERPRISES )

THROUGH IT’S PROP. AMBALAL J. SHAH ) …

Complainant

Versus

BUILD-TECH ENTERPRISES )

(THROUGH IT’S PROP. LAXMI M. SHAH) ) … Accused

LIST OF DOCUMENTS

Sr. Documents Exhibit No.

No.
1. Copy of Tax Invoice bearing No. 16-17/099 A
dated 31.03.2017
 2. Copy of Challans B

3. Copy of Cheque bearing no. 000 431 dated C

30.11.2019 amounting of Rs. 2,55,044/- drawn
on Equitas Bank (Chembur Branch).
4. Return memo dated 04.02.2020 D

5. Copy of Legal notice dated 12.02.2020 E

6. Copy of Postal Receipt dtd. 2402.2020 F

7. Copy of Tracking Report regarding receiving of G

Notice dated 25.02.2020
Date - 16.03.2020

Place - Thane

Adv. For Complainant

IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)

THANE AT THANE

S.C.C. No. ________ of 2020

M/S. PRATIK ENTERPRISES )

THROUGH IT’S PROP. AMBALAL J. SHAH ) …

Complainant

Versus
BUILD-TECH ENTERPRISES )

(THROUGH IT’S PROP. LAXMI M. SHAH) ) … Accused

MEMO OF ADDRESS

M/S. PRATIK ENTERPRISES )

THROUGH IT’S PROP. AMBALAL J. SHAH )

having office at – B – 208, Leena Apartment )

60 feet Road, Bhayander (west) )

Dist. Thane ) …
Complainant

Thane

Date – 16.03.2020 Complainant

Adv. For Complainant

IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)

 THANE AT THANE

S.C.C. No. ________ of 2020

M/S. PRATIK ENTERPRISES )

THROUGH IT’S PROP. AMBALAL J. SHAH ) …

Complainant

Versus

BUILD-TECH ENTERPRISES )

(THROUGH IT’S PROP. LAXMI M. SHAH) ) … Accused

INDEX

Sr. Documents Exhibit Page No.

No. No.
1. Memo of Complaint

2. Affidavit in support

3. Vakalatnama

4. List of Documents

5. Memo of Address
Thane

Date – 16.03.2020 Complainant

Adv. For Complainant

I am / We are not a member of the Welfare Fund. Therefore Stamp of Rs.

2.is / are / not affixed herewith. N. B. Strike out which is not applicable.

Advocate signature

VAKALATNAMA

IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)

THANE AT THANE

S.C.C. No. ________ of 2020

M/S. PRATIK ENTERPRISES )

THROUGH IT’S PROP. AMBALAL J. SHAH ) … Complainant

Versus

BUILD-TECH ENTERPRISES )

(THROUGH IT’S PROP. LAXMI M. SHAH) ) … Accused

I/we hereby appoint, Mr. Hiren Mehta, Advocates High Court

Bombay, to act, appear and plead for me/us in the above matter.

In witness where of I/ We have set my /our hand/s to this writing

Dated this day of 20

Accepted :

Signature Complainant/ Accused

Petitioner/ Respondent

H.P.MEHTA & ASSOCIATES

ADV. HIREN MEHTA
Advocate High Court
Nakoda Apartment, Shop No. 2,
60 Ft. Road, Bhayandar (West),
Dist.- Thane- 401 101.
Mob. : 7208639060.
Email- mehtahiren4@gmail.com
Registration No. MAH/2635/2013

H.P.MEHTA & ASSOCIATES

ADV. HIREN MEHTA
Advocate High Court
Nakoda Apartment, Shop No. 2,
60 Ft. Road, Bhayandar (West),
Dist.- Thane- 401 101.
Mob. : 7208639060.
Registration No. MAH/2635/2013

Pol. Station – Bhayander

Cheque Amount – Rs. 1,05,000/-

Court Fees Paid – Rs. 2,200/-